Veolia Environmental Services UK v Gumbs (Race Discrimination : Inferring discrimination) [2014] UKEAT 0487_12_0702 (7 February 2014)

Veolia Environmental Services UK v Gumbs (Race Discrimination : Inferring discrimination) [2014] UKEAT 0487_12_0702 (7 February 2014)

The Employment Tribunal was entitled to infer race discrimination and shift the burden of proof based on inconsistent explanations and lack of good reason for differential treatment. The incidents were sufficiently connected to constitute a continuing act, and the Tribunal's reasoning was not perverse or inadequate. The claim was allowed to proceed out of time as it was just and equitable to extend the limitation period.

Citation
[2014] UKEAT 0487_12_0702
Parties
Appellant: Employer; Respondent: Claimant
Jurisdiction
United Kingdom
Judgment Date
07 February 2014
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal dismissed; Employment Tribunal judgment upheld.
Legal Topics
Direct Race Discrimination, Burden of Proof, Limitation Periods, Remedies
Employment Law Equality Law Direct Race Discrimination Burden of Proof Limitation Periods Remedies

Case Brief

Summary, issues, holding and outcome

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Parties

Employer

Appellant

Claimant

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal correctly inferred race discrimination and shifted the burden of proof
  2. 2 Whether the claim was out of time or constituted a continuing act
  3. 3 Whether the Tribunal's findings were perverse or inadequately reasoned

Ratio Decidendi

The Employment Tribunal was entitled to infer race discrimination and shift the burden of proof based on inconsistent explanations and lack of good reason for differential treatment. The incidents were sufficiently connected to constitute a continuing act, and the Tribunal's reasoning was not perverse or inadequate. The claim was allowed to proceed out of time as it was just and equitable to extend the limitation period.

Court Disposition

Appeal dismissed; Employment Tribunal judgment upheld.

Orders

  • Employment Tribunal's finding of direct race discrimination stands.
  • Limitation period extended; claim allowed to proceed.